H&S C 11370.1

H&S C 11370.1

Offense

Possess CS while armed with firearm

Aggravated Felony (AF)

Not AF (no federal analogue)

Crime Involving Moral Turpitude (CIMT)

Arguably not a CIMT; see Advice

Other Removal Grounds

Yes, deportable and inadmissible CS offense.
Not a deportable firearms offense.
See Advice.

Advice and Comments

CIMT. Possessing either a CS or a firearm is not a CIMT, so together arguably they are not.

CS. All substances listed in 11370.1 are on federal schedules.

Firearm. Comes within antique firearm exception; see PC 29800(a). But it may be a bar to DACA. See PC 25400.

2020-05-19T16:39:09+00:00Updated January 29th, 2020|